Wales Manufacturing Co. v. Lazzaro
Appellate Terms of the Supreme Court of New York
Appeal from an order of the General Term of the City Court modifying an order granted at the Special Term, compelling plaintiff to furnish a bill of particulars of its claim and, as so modified, affirming the order.
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Appeal from an order of the General Term of the City Court modifying an order granted at the Special Term, compelling plaintiff to furnish a bill of particulars of its claim and, as so modified, affirming the order. The action was. to recover $1,377.51, with interest from April 15, 1896, for goods, wares and merchandise, consisting of bicycle sundries, sold and delivered to the defendant corporation, at the special instance and request of the defendants', between January 10 and April 15, 1896, and the complaint set up fraud in contracting the debt, alleging false statements that the…
1Opinion of the CourtDaly, P. J.
The plaintiff appeals from an order of the General Term of the City Court, which modified an order of the Special Term, upon its appeal from the latter requiring it to furnish a bill of particulars as to matters alleged in a general way in its complaint. It objects that the affidavit upon which the order Was based is insufficient to authorize it;- and if this be the case we must reverse the order. If the affidavit for a bill of particulars be sufficient we will not. interfere with the discretion of the City Court in granting the order asked for; but the affidavit mu^t be sufficient “ to set…
2Cases cited3 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Orvis v. DanaNew York Court of Common Pleas · 1876
- Dueber Watch-Case Manufacturing Co. v. Keystone Watch-Case Co.New York Supreme Court · 1892
3Cited by5 opinions
- Sidney B. Bowman Cycle Co. v. DyerAppellate Terms of the Supreme Court of New York · 1898
- Dorgan v. ScheerCity of New York Municipal Court · 1900
- Webster v. Fitchburg RailroadNew York Supreme Court · 1900
- Kaplan v. WallisAppellate Terms of the Supreme Court of New York · 1909
- Rubinfeld v. StoltsNew York Supreme Court · 1916